2. 09/16/2009 to 09/15/2014DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 28, 2010
TO: Reggie Paros, Manager
Florida Keys Marathon Airport
A TTN: Stacy De Vane, Executive Assistant
FROM: Isabel C. DeSantis, D. C. '
At the September 16, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an unimproved ground Lease Agreement between Monroe
County and Dr. Jules I. Beckwitt Revocable Trust at Florida Keys Marathon Airport.
Enclosed is a fully -executed copy of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney, w/o doc.
Finance
File
LEASE AGREEM ENT
FLORIDA KEYS MARATHON AIRPORT
Dr. JULES BECKWITT
This lease agreement is entered into by and between Monroe County, a political subdivision of the
State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereafter
COUNTY, LESSOR or OWNER) and Dr. Jules Beckwitt, Trustee, Jules I. Beckwitt Revocable Trust
whose address is 775 107'hStreet, Marathon, Florida, 33050 (hereafter TENANT or LESSEE).
WHEREAS, LESSOR owns property adjacent to and including an airport known as the Florida
Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as
"Airport"; and,
WHEREAS, LESSEE leased said property from June 26, 1991 until July 2001; and,
WHEREAS, LESSEE desires to obtain certain rights, services and privileges in connection with
said property, and the COUNTY is willing to grant and lease the same to LESSEE, upon the terms and
conditions hereinafter stated, now, therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE, and
LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit:
1. Premises. LESSOR does hereby lease to LESSEE, and LESSEE leases from the LESSOR, a
13 5' x 15' parcel of land located at the Florida Keys Marathon Airport, as described in Exhibit "A"
attached hereto and incorporated herein. The premises are leased to the LESSEE for the sole purpose of
providing vehicular access to the hangars, which are located off airport property.
2. Term. The term of the lease shall be five (5) years, commencing 9/16/2009 and ending on
9/15/2014.
3. Rent The rent for the premises, 2,025 square feet, is $1.20 per square foot, $202.50 per month
or $2,430.00 per year, plus applicable sales tax, with the monthly rent due and payable beginning on the
first day of each month.
Rent shall be paid in equal monthly installments, all of which shall be due and payable on or
before the first day of each calendar month during which this lease is in effect. Upon the failure of
LESSEE to pay any installments when due, the COUNTY will be entitled to charge and collect, and
LESSEE will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty
(30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of
the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the
COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise
constitute a default by LESSEE under the terms of this lease. The COUNTY, at its option, however, may
refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to
paragraph 10 of this lease. In the event that any check, draft, or negotiable instrument by which LESSEE
has tendered any rent payment is returned to the COUNTY and not honored, whether for insufficient
funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable
late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for such dishonored
instrument. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the
COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of a
dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease.
The COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees
and penalties, declare a default, and proceed according to paragraph 10 of this lease.
Rent will be adjusted annually on the anniversary of the effective date of this agreement by the
greater of the amount recommended in an approved rates and charges study or by the percentage in
increase in the CPI (U.S. Department of Commerce price index for all urban consumers) for the most
recent 12 months available.
4. LESSOR's Covenants. The LESSOR hereby covenants and agrees with the LESSEE as
follows:
A. The LESSEE shall have reasonable ingress, egress and access privileges to the leased
premises.
B. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have
quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by
any person or persons claiming by, through or under it.
C. LESSEE shall be responsible for and shall properly maintain the leased premises, and upon
termination of this lease, shall leave the premises in at least as good condition as at the time of the
commencement of this lease, normal use and occupancy excepted.
D. LESSEE may apply for direct access on to the Florida Keys Marathon Airport as a "through the
fence" operator and LESSOR shall review and consider such request in accord with F.A.A. guidelines at
such time as the LESSEE's leasehold is used for Aeronautical activities. Approval of such request shall be
predicated on FAA guidance and shall not unreasonably be withheld.
5. LESSEE's Covenants. The LESSEE hereby covenants and agrees with the
LESSOR as follows:
A. LESSEE is not a "through the fence" tenant and LESSEE will have no direct access
whatsoever from the leased premises on to the property of the Florida Keys Marathon Airport.
B. LESSEE will utilize the leased area solely for vehicular access to the hangars, which are
located off airport property.
C. LESSEE will not use the leased area for storage purposes whatsoever. This paragraph shall
not preclude the parking of vehicles on the leased property; however, vehicles parked for a consecutive 48
hour period shall be deemed to be stored for purposes of this subsection.
D. LESSEE'S hangar door access on to the leased area shall remain closed at all times to
prevent the escape of nuisance or hazardous materials on to the airport unless hangar door access is
immediately needed. The requirements of this paragraph shall only apply when the LESSEE'S property
is being leased or occupied by a tenant engaging in an activity that produces airborne contaminants.
E. LESSEE will institute reasonable precautions to prevent a nuisance or airport hazard,
including but not limited to any activities/operations on LESSEE's premises that would affect the
activities/operations on the airport, such as: smoke, open flames, blowing dust, paint overspray, et cetera.
F. LESSEE shall pay the LESSOR the rent at the times and in the manner provided for by this
lease.
G. During the term of this lease, if LESSEE is granted status as a "through the fence"
operator, any commercial aeronautical activity shall be conducted in strict compliance with the Minimum
Standards for Commercial Aeronautical Activities.
H. LESSEE shall make no improper or unlawful or offensive use of said premises, and shall
permit the LESSOR or its agents to inspect the leased premises at all reasonable times for the purpose of
viewing the condition thereof.
I. LESSEE shall maintain and operate and use the premises in compliance with 49 CFR, Part
21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said
Regulations may be amended. More particularly, LESSEE covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use
of the premises; and
b) in the construction of any improvements on the premises and the furnishing of
services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or otherwise be subjected to discrimination.
c) LEESEE will comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685 -
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975; as amended (42 USC ss. 6101-6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to
discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or State statutes which may apply to the parties to, or the subject matter of, this agreement. The
LESSEE expressly understands that upon a determination by a court of competent jurisdiction that the
LESSEE has discriminated against any person, this agreement automatically terminates without any
further action on the part of any party, effective the date of the Court order.
J. LESSEE expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real property to
such a height so as to comply with Federal Aviation Regulations, Part 77.
K. LESSEE expressly agrees for itself, its successors and assigns to prevent any use of the
hereinafter described real property which would interfere with or adversely affect the operation or
maintenance of the airport, or otherwise constitute an airport hazard.
L. LESSEE expressly agrees for itself, its successors and assigns to prevent release on to
airport property of any contaminants, of any type and in any form whatsoever, generated as a by product
of activity conducted at LESSEE's property, including but not limited to fiberglass dust and paint
overspray.
M. LESSEE expressly agrees for itself, its successors and assigns to remediate any damage
caused on Airport property, regardless of ownership of the damaged property, as a result of a release of
contaminants from LESSEE'S property.
N. This lease and all provisions hereof are subject and subordinate to the terms and conditions
of the instruments and documents under which the Airport Owner acquired the subject property from the
United States of America and shall be given only such effect as will not conflict or be inconsistent with
the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been,
or may hereafter be adopted by the Owner pertaining to the Florida Keys Marathon Airport.
O. Notwithstanding anything herein contained that may be or appear to be, to the contrary, it
is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the
LESSOR herein reserves the right to grant similar privileges to another LESSEE or other LESSEE on
other parts of the airport.
P. LESSEE expressly agrees LESSEE'S tenants, heirs, successors, assigns or invitees shall be
required to comply with LESSEE'S covenants 5A-0.
6. Inspection and Maintenance of Premises by County. The LESSOR and its
authorized officers, employees, agents, contractors, subcontractors and other representatives shall have
the right to enter upon the leased premises for the following purposes:
a) to inspect the leased premises at reasonable intervals during regular business hours
(or at any time in case of emergency) to determine whether LESSEE has complied and is complying with
the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the existing
perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located
on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in
the future as necessary to carry out the Master Plan of development of the Airport; provided, however,
that said work shall in no event unduly interfere with the operations of LESSEE and, provided further,
that the entire cost of such work, as a result of the exercise by the LESSOR of its rights hereunder shall be
borne by the LESSOR.
7. Assienment. This lease agreement may not be assigned, or the premises subleased, without
the written permission of the LESSOR which shall not be unreasonably withheld.
8. Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, LESSEE shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs
of additional security measures that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of, or in connection with a violation
of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of LESSEE or any of its employees, agents, contractors or other invitees
during the term of this lease, (B) the negligence or willful misconduct of LESSEE or any of its
employees, agents, contractors or other invitees, or (C) LESSEE's default in respect of any of the
obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than LESSEE).
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this lease, this Section will survive the expiration of the
term of this lease or any earlier termination of this lease.
9. Insurance Requirements.
a. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates
of Insurance to LESSOR to verify such coverage:
General Liability. LESSEE shall provide coverage for all premises and operations including
Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, and
Expanded Definition of Property Damage. The limits shall not be less than:
$1.000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
Vehicle Liability LESSEE shall provide coverage for all owned, non -owned and hired vehicles
with limits of not less than:
$11,0001000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
b. The Monroe County Board of County Commissioners will be included as "Additional Insured"
on all policies, except for Worker's Compensation, issued to satisfy the above requirements.
c. All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty days prior notification is given to
the Lessor by the insurer.
d. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving
LESSEE from any liability or obligation assumed under this lease or imposed by law.
e. LESSEE shall maintain the required insurance throughout the entire term of this lease and any
extensions which may be entered into. The LESSOR, at its sole option, has the right to request a certified
copy of any and all insurance policies required by this lease. Failure to comply with this provision shall
be considered a default and the LESSOR may terminate the lease in accordance with Paragraph 10.
f. Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by
Monroe County Risk Management.
10. Default. Unless the LESSOR has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this lease. The failure of
LESSEE to perform any of the covenants of this lease, which failure shall continue for a period of fifteen
- (15) days after notice thereof is given to LESSEE in writing by the LESSOR, shall also constitute a
default under the terms of this lease. In the event of a default, LESSOR may, at its option, declare the
lease forfeited and may immediately re-enter and take possession of the leased premises and this lease
shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its rights
under this agreement, the LESSOR shall be entitled to reasonable attorney's fees. Waiver of a default in
any particular month shall not bind the LESSOR to forego the provisions of this paragraph and any
subsequent default shall be grounds for termination.
11. Books, Records and Documents. LESSEE shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the LESSOR or Clerk determines that monies paid to LESSEE
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LESSEE shall
repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to LESSEE.
12. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the LESSOR and
LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
13. 5everability, If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The LESSOR and LESSEE agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
14. Attorney's Fees and Costs. The LESSOR and LESSEE agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
15. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives,
successors, and assigns.
16. Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
17. Claims for Federal or State Aid. LESSEE and LESSOR agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
18. Adjudication of Disputes or Disagreements. LESSOR and LESSEE agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This paragraph does not apply where a default has occurred under the provisions of this agreement.
19. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, LESSOR and
LESSEE agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. LESSOR and LESSEE specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement. A party who requests
the other party's participation in accordance with the terms of this paragraph shall pay all reasonable
expenses by the other party by reason of such participation.
20. Covenant of No Interest. LESSOR and LESSEE covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that the only interest of each is to perform and receive benefits as
recited in this Agreement.
21. Code of Ethics. LESSOR agrees that officers and employees of the LESSOR recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
22. No Solicitation/Payment. The LESSOR and LESSEE warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the LESSEE agrees that the
LESSOR shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
23. Public Access. The LESSOR and LESSEE shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and
LESSEE in conjunction with this Agreement; and the LESSOR shall have the right to unilaterally cancel
this Agreement upon violation of this provision by LESSEE.
24. Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the LESSOR be required to contain any provision for waiver.
25. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the LESSOR, when performing their respective functions under this Agreement within the
territorial limits of the LESSOR shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
LESSOR.
26. Leeal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to
the extent permitted by the Florida constitution, state statute, and case law.
27. Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the LESSOR and the
LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement.
28. Attestations. LESSEE agrees to execute such documents as the LESSOR may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
29. No Personal Liability. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
30. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
31. Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
32. Cancellation of Lease. LESSOR may cancel this lease agreement by giving LESSEE sixty
(60) days advanced written notice upon the happening of any of the following events: the appointment of
A receiver of Lessee's assets; the divesting -of Lessee's leasehold
estate by other operation of law; the abandonment by Lessee of it's
operations at the premises for a period of sixty (60) days. By the end
of the sixty day notice period, Lessee shall have vacated the premises
and the Lessor may immediately re-enter and take possession of the
same. If it is necessary to employ the services of an attorney in order
to enforce the Lessor's rights under this paragraph, the Lessor shall
be entitled to reasonable attorney's fees. Lessee may cancel this lease
agreement at any time and with or without cause by giving Lessor ninety
(90) days advance written notice.
33. Federal, State and local law. Lessor shall comply with all
federal,, state , county and local ordinances rules and regulations now
and hereafter in force which may be applicable to the operation of it's
business at the airport, including the minimum standards as may be
amended from time to time.
34. FAA Requirements. ' The parties shall comply with FAA required lease
clauses, which are listed in Exhibit "B", attached hereto and made a
part hereof.
IN WITNESS WHEREOF., the parties have caused this lease to be executed
this 2 oth day of December , 2007.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE LINTY, DA
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FAA REQUIRED LEASE CLAUSES
1. This lease shall be subject to review and re-evaluation at the end of each 1 year period,
by the airport owner and the rent may be adjusted according to their action, not to exceed
the Consumer Price Index rate during the last 12_ month period, or;
Land less improvements will be appraised every S years and the adjusted rental will be
based on normally 10-12 percent of the appraised value. If disputed, lessor obtains
appraisal at his expense and lessor/lessee equally share expense for review appraisal that
establishes fair market value.
2. The tenant for himself, his personal representatives, successors in interest, and assigns, as
a part of the consideration hereof, does hereby covenant and agree that (1) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over or under such land
and the furnishing or services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination, (3) that the tenant shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally -assisted programs of the Department of
Transportation-Effactuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Airport
Owner shall have the right to terminate the lease and to re-enter and as if said lease had
never been made or issued. The provision shall not be effective until the procedures of
Title 49, Code of Federal Regulations, Part 21 are followed and completed including
exercise or expiration of appeal rights.
3. It shall be a condition of this lease, that the lessor reserves unto itself, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in
the airspace above the surface of the real property hereinafter described, together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft,
now known or hereafter used, for navigation of or flight in the said airspace, and for use
of said airspace for landing on, taking off from or operating on the airport.
That the Tenant expressly agrees for itself, its successors and assigns, to restrict the
height of structures, objects of natural growth and other obstructions on the hereinafter
described real property to such a height so as to comply with Federal Aviation
Regulations, Part 77.
EXHIBIT
That the Lessee expressly agrees for itself, its successors and assigns, to prevent any use
of the hereinafter described real property which would interfere with or adversely affect
the operation or maintenance of the airport, or otherwise constitute an airport hazard.
4. This lease and all provisions hereof are subject to any ordinances rules or regulation
which have been, or may hereafter be adopted by the Airport Owner pertaining to the
Key West International Airport.
5. Notwithstanding anything herein contained that maybe, or appear to be, to the contrary,
it is expressly understood and agreed that the rights granted under this agreement are
nonexclusive and the Lessor herein reserves the right tot grant similar privileges to
another Lessee or other Lessees on parts of the airport.
ACORD� CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY}
1/18/2010
PRODUCER (3 0 5) 7 4 3- 0 4 9 4 FAX: (3 0 5) 7 4 3- 0 5 8 2
s Insurance Services , Inc.ONLY
Keys
5800 Overseas Hwy #43
P.O. Box 500280
Marathon FL 3 305 0 - 02 80
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Jules I. Beckwi t t
775 107 th Street
Marathon FL 33050
INSURER A Nova Casualty Com an
INSURERS
INSURER C
INSURER D.
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
INSR OD'L TYPE OF INSURANCE POLICY NUMBER ATf MM11D DATE MMIDDIYY LIMITS
A
X
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [X OCCUR
GEITL AGGREGATE LIMIT APPLIES PER
X 1 POLICYEJ MLl Lz
09GLO16396
10/19/2009
10/19/2010
EACH OCCURRENC E�]
S 1, 0 0 0, 0 0 0
DAMAGE TO RENTED
s 1000000
M 0 XP
S 5,1000
s 10000,000
GENE AQgREGATE
2,000j000
S 100001000
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Es �,w)
$
BODILY INJURY
(Per
S
BODILY INJURY
(Per $ate)
S
PROPERTY DAMAGE
(Per eccKWI)
S
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY: AGGS
EXCESSIUMBRELLA LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RgaangN S
_ :,.
FACH OCCURRENCES
AGGREGATE
S
S
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED
tf yes. describe urn
CIAL PROVISIONS
.y
.,
Taysmi 0TRW
JL
IE L. EACH A I NT
S
E L DISEASE - EA EMPLOYEE
S
DISEASE - POLICY IMIT
S
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
(3 0 5) 2 9 5 - 317 9 SHOULD ANY OF THE ABOVE DES RIBED POLICIES BE C LLEO BEFORE THE
Monroe County Board of County Commssioner EXPIRATION DATE THEREOF. THE ISSUING INSURER LL NDEAVOR TO MAIL
1100 Simonton Street 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE ER AMED TO THE LEFT, BUT
Rey West, FL 33040
FAILURE TO 00 SO SHALL IMPOSEtTOOBLIGATION L UTY OF ANY KING UPON THE
INSURER ITS AGENTS OR REPRESSATIVES.
AUTHORIZED REPRESENTATIVE
Lourdes Montagne
t /�/\!'1R A!' fAAA� AAA♦ - ����
nvvWNW &%-a %Avv ivvj W AL.VMU 1'.VRrVr%A 1 KiM -1woo
INS025 wic) .oet Pale 1 of 2
Policy Change Request
Keys Insurance Services, Inc. 1/18/2010
5800 Overseas Hwy #43 C10011801768
P.O. Box 500280
Marathon FL 33050-0280 First Request
COMPANY INSURED
Nova Casualty Company Jules I. Beckwitt and Jules I. Beckwitt Trustee of
Nova Casualty Company the Jules I. Beckwitt Revocable Trust dated May
726 Exchange Streete 775 107th Street
Suite 1020
Buffalo NY 14210-1466 Marathon FL 33050
REGARDING POLICY NUMBER
Add addtl insured 09GLO16396
EFFECTIVE DATE OF CHANGE POLICY PERIOD
1/18/2010 10/19/2009 - 10/19/2010
DESCRIPTION
GENERAL LIABILITY
Line of Business: General Liability
Additional Interests
1) ADD Monroe County Board of County Commissioners, Additional insured
Address: 1100 Simonton Street, Key West, FL 33040
2) Correct named insured to read: Jules I Beckwitt, Trustee
Jules I Beckwitt Revocable Trust
RECIPIENT
ATTN :
FROM: Lourdes :fon tagne Keys Insurance Services, Inc.
Phone: (305)743-0494 Fax: (05)''43-0582
lmont agnec;:keys insurance . cart
PAGE 01104
01/27/2010 11:48 17249424073
2005 Whim
,i
Request For Waiver
4�
Insurance Requirements
,
lz is segue. -A that the as spiel ed in the. Countys Sclieduic of imurance Pcquir meats, hr. waived or modified can the following wiittract.
,Tt4 :ffA 7r,
Contract roc. �' ..---��p�p.p�� � N-'�'. _ 9 -.�.R R? A
1ddrEs� of Caatl-accor: ! 2- ,1n� tt iJ L- 5T. Vet �44A T•4oN
.t
�. &j.7LSoff_« 5,.�- e�9.^T+kofJ fl,A , 33060
Phone- L4
scope of Wort 4fAe
Reason for VVziver OMMI�i ��. 1�1 _ t.. 1 .. TVWO UG If OK Jt
.. a.r_...�ww�.-.-�...n. ..-.r-.w��+. mom._-•-rw fir-. ...•._._r...r,_ w-•-.. .ram.•.• ._...w..-
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1pproved Not Approved-
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Risk Nt utagemont }}
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County Adinvnistrator kcal: , 'r
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%lot flpi)Mved:
Da
Board of Gounty t.omfni sslolle s a;qlcal-,
Approved-. �fr 1�E�p�rtri►'tti' �_ .�
Mcetine: Dam
.t
admi►�iS�rui�n jt�s#rsn:ut�t� -�
JULES I. BECKWITT REVOCABLE TRUST
JULES L BECKWITT TRUSTEE
775 —107th STREET OCEAN
MARATHON, FL 33050
(305) 743-6088
December 2, 2009
Ms. Maria Slavik, Risk Administrator
Monroe County Risk Management Division
1100 Simonton Street, Suite 2-268
Key West, Florida 33040
Re: Beckwitt -Marathon Airport Lease
Dear Ms. Slavik,
Enclosed is the completed "Request For Waiver of Insurance Requirements" pertaining
to the commercial vehicle liability insurance requirement described in the Marathon
Airport Lease. Also enclosed is a copy of the Durable Power of Attorney authorizing me
to sign on behalf of my Father, Dr. Beckwitt.
The commercial general liability insurance certificate, naming Monroe County Board of
County Commissioners is being prepared and I will send it to you immediately upon
receipt.
Please contact me at (724) 942-3658 if you need anything further. Thank you for your
assistance.
Sincerely,
Charlene P. Helba, POA
For Jules I. Beckwitt
Enc.
Cc: Jules I. Beckwitt
01/27/2010 11:49 17249424073 PAGE 02/04
DURABLE, pC3WER 0 ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS that 1, JULFS 1. BECKwiTT, of
Marathon, Monroe County, Florida, do hereby constitute and appoint C/H,ARLENE P. H8�,I of
McMurray, Pennsylvania Amy true mid lawful attorney -in -fact. My said attorney -in -fact is my
daughter. This Durable Powet of Attorney shall not be affected by the subsequent incapacity of the
principal except as provided in s. 709.08, Florida Statutes. My true and lawful attorney -in -fact for
me and in my nanne shall be authorized to do and perform the following things, to -wit:
1. To sell, transfer, exchange, lease or otherwise convey or dispose of all or any part of
my real estate or personal property, including homestead property, and any interest therein, for such
consideration. and upon such terms as nay attorney shall think fit, and to make, execute, acknowledge,
and dcl i ver goad and sufficient deeds, leases or other instruments in connection therewith, with such
covenants of warranty or otherwise as my attorney shell see fit, and to give good and effectual
receipts for all or any part of the puarcharse price or other consideration;
2. To borrow any sum or sums of money on such terms and v%rith such security, whether
real or personal property or otherwise, as my attorney may think fit, and for that purpose to make,
execute, deliver and acknowledge: all prottissory Motes, checks, mortgages., instruments of guaranty
or indemnity, contracts, affidavits, receipts, drafts, agreements or other instruments as may be
necessary or required of as my attorney shall deem fit;
3. To assign, transfer, sell and deliver all cash, bonds, stocks, securities, annuities and
other. property of any kind, real ot, personal, owned by me; to withdraw any Funds standing to my
credit or to my credit jointly with others in any bank, savings and loan association or other financial
institution; to endorse and deliver any checks, drafts, certificates of deposit, notes or other
instruments for the payment of money payable or belonging to me in any form; to have access to any
safe deposit box rented by tone or by me with others (including authority to have it drilled) to remove
the contents therefroin and to tem-innate the lease of the box as well as cany on any business
whatsoever concerning the box;
4. To compile, sigh and file any tax return, declaration or tax related document in any
form and act for me in any examination, audit, hearing„ conferences, litigation or other procedure
relating to taxes, including the authority tO file and prosecute refund claims and enter into and sign
any settlements, as well as procure from any person, entity or agency any copy of any document or
information whatsoever.
5. To carry on, manage and conduct my business, property and affairs, iticiuding all such
in which my said attorney and X are or may be.joi.ndy interested or engaged in, and to enter into any
and all agreements, negotiations, instruments or ccmtracts of whatsoever kind or character with
reference to the same; to transfct any asset to or remove any asset from any trust 1 have established
gutd to exercise any power of revocation or amendment retained by me over any laving trust of which
1 ani or may become grantor or settlor;
G. To enter into and execute, acknowledge and deliver any and all contracts, deeds,
01/27/2010 11:46 17249424073 PAGE 03/04
mortgages. obligations, instruments of indemnity or guaranty, leases, bills of sale, releases,
disclaimers, rc cei pts, af'fidavit.s, pledges, agreeMettts, proxies or other instruments or papers of any
kind or character whatsoever, and to draw, accept, make, sign, seal, execute, deliver, endorse,
discount or otherwise deal with any bills of exchange, checks, certificates, promissory notes, drafts,
or othet cpMrnercaal or mercmttile instruments whatsoever;
7. To txtak,e withdrawals from, additions to and take any action coneeming any iRA,
401(k) plant or any other retirement or qualified arrangement, plan or .fund whatsoever: Make on my
behalf any elections of choices available to me and give on my behalf any consents required, by
.reason of either my participation ill or nay being the benefiic Lary or a participant tti any retirement
plan or fund, and make any elections OF choices available to ine and give oil fry behalf any consents
required under any IRA or Viand of which I an-i the omme. r or beneficiary. As all powers licreiii, those
stated in this paragraph 7 shall be solely for my ben.eftt.
8. 'ro claiir, disclaim or waive any inteTest its Property that 1. have or would otherwise
receive, including but not limited to homestead and elective share, and to execute any document on
my behalf for the purpose of qualifying for any public/private benefit; and i t' when applying for
Medicaid benefits, my income exceeds the income cap, to create aja irrevocable income trust and to
transfer so much of my income to said trust as will enable me to qualify for Medicaid benefits.
9. 1 hereby also expi-essly empower my attorney-i ri-fact to arrange for and consent to
medical, therapemic:al, surgical, and other outpatient or inpatient procedures for the principal,
including the administration of ditig5, all forins of emergency and non -emergency care and also long
term custodial care, and shall also be empowered to refuse any treatmei-it whatsoever. The designee
tinder a proper and hinding Health Cart; Surrogate document shall have priority in determinatioils
applicable to the Surrogate doctuia.ent in the Event there is any conflict with the powers given in this
paragraph.
10. In general, to do all other ants, deeds, matters or Ibi}cgs whatsoever in or about my
business, property and afLairs, or to concur with other persons, including where nay attorney is.jointly
interested with myself, in doing all acts, deeds, matters and things herein, Either part.iculai-ly or
generally described, as hilly and effectually to all intents and purposes as 1 could do ill nrly own
proper person if personally present. And 1 do hereby ratify and confirm all that icy said attorney
shalt lawfully do or cause to be done under or by virtue of these presents.
Every bank or other financial institution, insurance company, transfer agent issuer., obligor,
sate deposit box company, title insurance company, hospital, or other person, firm or corpoaratioii to
which this Power -of Attorney or a photo copy hereof' is presented is authorized to receive, Donor and
give effect to all instruments signed pursuant to the torcgc�ang authority without ixtquit�irig as to the
t;ii-cumstance to their issumice or the di.spc si.tion of the property delivered pursuant thereto. All acts
done hereunder by my Attorney -ill -fact after ?evocation of this lower of Attomey or after my death
shall be valid acid enforceable to favor of' anyone who relies on this power, of Attorney and has not
received prior actual written notice of'the revocation or death. All acts done by my Attoxney•in-fact
Pursuant to this part shall be binding upon me autd my heirs, devisees andpersonal representatives.
01/27/2010 11:48 17249424073
PAGE 04/04
'111C followingriS a 5pecinien of &theignature of -my Attorney -in -fact:
CHARLENE P. NELBA
The property su*ct to thisDurable IFowe v of AtLoiney shall include, but not be hmitcd to
all rered property held in joint tenancy, the donors interest in all property held in joint tenancy by the
entirety, and all property in which the donor holds a powcy of appointi-nent. This power shall be
nondelegable and shall be valid LIRtil such time as the donor shall die, revoke the power, 01- be
adjUdged incompetent.
IN WITNESS WHERCOF, I have hvrevnlo placcd my hand and affixed oiy seat this.
Se = bci- 27. 2001.
Ir I
Witnos # I Richard F.r. Warner
W t t,itss # 2 A I I ison Baltzer'SC&I
S-I*AI'L-' OF FLORIDA
COUNTY OF MONROE
J �.: , ,,'fir ' • -�� L , f --
JUIJS 1. BECK WITT
The foregoing instrument was acknowledged bc-fore me tilts. .5e2teglb_er 27.10 by JULES
1. BECKWITT, who is personally known to one or who pi.-oduced FT., Drivers—LCCIISC as
identification.
C40,4McCWM
4 4 A. NUIARY P13BLIC., SIATE, ()I- KORMA
MY Cgnw*MWM rXD?7720 Claudia A. McEwen
so vv rr-VM MAV 92%2M P.O. Box 501-317
Maralhon, Florida 33050-1317
My commission. expires: (SEAL)